Adopted on: ۱۷ Nov ۱۹۹۱
Effective since: ۲۰ Nov ۱۹۹۱
Amended on: ۶ Jan ۱۹۹۲
[Preamble]
Taking as starting points the historical, cultural, spiritual and statehood
heritage of the Macedonian people and their struggle over centuries for
national and social freedom as well as the creation of their own state, and
particularly the traditions of statehood and legality of the Krushevo Republic
and the historic decisions of the Anti-Fascist Assembly of the People”s
Liberation of Macedonia, together with the constitutional and legal continuity
of the Macedonian state as a sovereign republic within Federal Yugoslavia and
freely manifested will of the citizens of the Republic of Macedonia in the
referendum of ۸ Sep ۱۹۹۱, as well as the historical fact that Macedonia is
established as a national state of the Macedonian people, in which full
equality as citizens and permanent co-existence with the Macedonian people is
provided for Albanians, Turks, Vlachs, Romanics and other nationalities living
in the Republic of Macedonia, and intent on:
– the establishment of the Republic of Macedonia as a sovereign and independent
state, as well as a civil and democratic one;
– the establishment and consolidation of the rule of law as a fundamental
system of government;
– the guaranteeing of human rights, citizens” freedoms and ethnic equality;
– the provision of peace and a common home for the Macedonian people with the
nationalities living in the Republic of Macedonia; and on
– the provision of social justice, economic well-being and prosperity in the
life of the individual and the community,
the Assembly of the Republic of Macedonia adopts the Constitution of the
Republic of Macedonia.
Chapter I Basic Provisions
Article ۱
(۱) The Republic of Macedonia is a sovereign, independent, democratic and
social state.
(۲) The sovereignty of the Republic of Macedonia is indivisible, inalienable,
and nontransferable.
Article ۲
(۱) Sovereignty in the Republic of Macedonia derives from the citizens and
belongs to the citizens.
(۲) The citizens of the Republic of Macedonia exercise their authority through
democratically elected Representatives through referendum and through other
forms of direct expression.
Article ۳
(۱) The territory of the Republic of Macedonia is indivisible and inviolable.
(۲) The existing borders of the Republic of Macedonia are inviolable.
(۳) The borders of the Republic of Macedonia can only be changed in accordance
with the Constitution and on the principle of free will, as well in accordance
with generally accepted international norms.
(۴) The Republic of Macedonia has no territorial pretensions towards any
neighboring state.
Article ۴
(۱) Citizens of the Republic of Macedonia have citizenship of the Republic of
Macedonia.
(۲) A subject of the Republic of Macedonia may either be deprived of
citizenship, nor expelled or extradited to another state.
(۳) Citizenship of the Republic of Macedonia is regulated by law.
Article ۵
(۱) The state symbols of the Republic of Macedonia are the coat of arms, the
flag, and the national anthem.
(۲) The coat of arms, the flag, and the national anthem of the Republic of
Macedonia are adopted by law by a two-thirds majority vote of the total number
of Assembly Representatives.
Article ۶
The Capital of the Republic of Macedonia is Skopje.
Article ۷
(۱) The Macedonian language, written using its Cyrillic alphabet, is the
official language in the Republic of Macedonia.
(۲) In the units of local self-government where the majority of the inhabitants
belong to a nationality, in addition to the Macedonian language and Cyrillic
alphabet, their language and alphabet are also in official use, in a manner
determined by law.
(۳) In the units of local self-government where there is a considerable number
of inhabitants belonging to a nationality, their language and alphabet are also
in official use, in addition to the Macedonian language and Cyrillic alphabet,
under conditions and in a manner determined by law.
Article ۸
(۱) The fundamental values of the constitutional order of the Republic of
Macedonia are:
– the basic freedoms and rights of the individual and citizen, recognized in
international law and set down in the Constitution;
– the free expression of national identity;
– the rule of law;
– the division of state powers into legislative, execcutive and judicial;
– the legal protection of property;
– the freedom of the market and entrepreneurship;
– humanism, social justice and solidarity;
– local self-government;
– proper urban and rural planning to promote a congenial human environment, as
well as ecological protection and development; and
– respect for the generally accepted norms of international law.
(۲) Anything that is not prohibited by the Constitution or by law is permitted
in the Republic of Macedonia.
Chapter II Basic Freedoms and Rights of the Individual and Citizen
Part ۱ Civil and political freedoms and rights
Article ۹
(۱) Citizens of the Republic of Macedonia are equal in their freedoms and
rights, regardless of sex, race, color of skin, national and social origin,
political and religious beliefs, property and social status.
(۲) All citizens are equal before the Constitution and law.
Article ۱۰
(۱) The human right to life is irrevocable.
(۲) The death penalty shall not be imposed on any grounds whatsoever in the
Republic of Macedonia.
Article ۱۱
(۱) The human right to physical and moral dignity is irrevocable. Any form of
torture, or inhuman or humiliating conduct or punishment, is prohibited.
(۲) Forced labor is prohibited.
Article ۱۲
(۱) The human right to freedom is irrevocable.
(۲) No person”s freedom can be restricted except by court decision or in
cases and procedures determined by law.
(۳) Persons summoned, apprehended or detained shall immediately be informed of
the reasons for the summons, apprehension or detention and on their rights.
They shall not be forced to make a statement. A person has a right to an
attorney in police and court procedure.
(۴) Persons detained shall be brought before a court as soon as possible,
within a maximum period of ۲۴ hours from the moment of detention, and the
legality of their detention shall there be decided upon without delay.
(۵) Detention may last, by court decision, for a maximum of ۹۰ days from the
day of detention.
(۶) Persons detained may, under the conditions determined by law, be released
from custody to conduct their defence.
Article ۱۳
(۱) A person indicted for an offence shall be considered innocent until his/her
guilt is established by a legally valid court verdict.
(۲) A person unlawfully detained, apprehended or convicted has a right to legal
redress and other rights determined by law.
Article ۱۴
(۱) No person may be punished for an offence which has not been declared an
offence punishable by law, or by other acts, prior to its being committed, and
for which no punishment has been prescribed.
(۲) No person may be tried in a court of law for an offence of which he/she has
already been tried and for which a legally valid court verdict has already been
brought.
Article ۱۵
The right to appeal against individual legal acts issued in a first instance
proceedings by a court, administrative body, organization or other institution
carrying out public mandates is guaranteed.
Article ۱۶
(۱) The freedom of personal conviction, conscience, thought and public
expression of thought is guaranteed.
(۲) The freedom of speech, public address, public information and the
establishment of institutions for public information is guaranteed.
(۳) Free access to information and the freedom of reception and transmission of
information are guaranteed.
(۴) The right of reply via the mass media is guaranteed.
(۵) The right to a correction in the mass media is guaranteed.
(۶) The right to protect a source of information in the mass media is
guaranteed.
(۷) Censorship is prohibited.
Article ۱۷
(۱) The freedom and confidentiality of correspondence and
other forms of communication is guaranteed.
(۲) Only a court decision may authorize non-application of the principle of the
inviolability of the confidentiality of correspondence and other forms of
communication, in cases where it is indispensable to a criminal investigation
or required in the interests of the defence of the Republic.
Article ۱۸
(۱) The security and confidentiality of personal information are guaranteed.
(۲) Citizens are guaranteed protection from any violation of their personal
integrity deriving from the registration of personal information through data
processing.
Article ۱۹
(۱) The freedom of religious confession is guaranteed.
(۲) The right to express one”s faith freely and publicly, individually or
with others is guaranteed.
(۳) The Macedonian Orthodox Church and other religious communities and groups
are free to establish schools and other social and charritable institutions,
by ways of a procedure regulated by law.
Article ۲۰
(۱) Citizens are guaranteed freedom of association to exercise and protect
their political, economic, social, cultural and other rights and convictions.
(۲) Citizens may freely establish associations of citizens and political
parties, join them or resign from them.
(۳) The programs and activities of political parties and other associations of
citizens may not be directed at the violent destruction of the constitutional
order of the Republic, or at encouragement or incitement to military aggression
or ethnic, racial or religious hatred or intolerance.
(۴) Military or paramilitary associations which do not belong to the Armed
Forces of the Republic of Macedonia are prohibited.
Article ۲۱
(۱) Citizens have the right to assemble peacefully and to express public
protest without prior announcement or a special license.
(۲) The exercise of this right may be restricted only during a state of
emergency or war.
Article ۲۲
(۱) Every citizen on reaching ۱۸ years of age acquires the right to vote.
(۲) The right to vote is equal, universal and direct, and is exercised at free
elections by secret ballot.
(۳) Persons deprived of the right to practice their profession by a court
verdict do not have the right to vote.
Article ۲۳
Every citizen has the right to take part in the performance of public office.
Article ۲۴
(۱) Every citizen has a right to petition state and other public bodies, as
well as to receive an answer.
(۲) A citizen cannot be called to account or suffer adverse consequences for
attitudes expressed in petitions, unless they entail the committing of a
criminal offence.
Article ۲۵
Each citizen is guaranteed the respect and protection of the privacy of his/her
personal and family life and his/her dignity
and repute.
Article ۲۶
(۱) The inviolability of the home is guaranteed.
(۲) The right to the inviolability of the home may be restricted only by a
court decision in cases of the detection or prevention of criminal offenses or
the protection of people”s health.
Article ۲۷
(۱) Every citizen of the Republic of Macedonia has the right of free movement
on the territory of the Republic and freely to choose his/her place of
residence.
(۲) Every citizen has the right to leave the territory of the Republic and to
return to the Republic.
(۳) The exercise of these rights may be restricted by law only in cases where
it is necessary for the protection of the security of the Republic, criminal
investigation or protection of people”s health.
Article ۲۸
(۱) The defence of the Republic of Macedonia is the right and duty of every
citizen.
(۲) The exercise of this right and duty of citizens is regulated by law.
Article ۲۹
(۱) Foreign subjects enjoy freedoms and rights guaranteed by the Constitution
in the Republic of Macedonia, under conditions regulated by law and
international agreements.
(۲) The Republic guarantees the right of asylum to foreign subjects and
stateless persons expelled because of democratic political convictions and
activities.
(۳) Extradition of a foreign subject can be carried out only on a basis of a
ratified international agreement and on the principle of reciprocity. A foreign
subject cannot be extradited for political criminal offenses. Acts of terrorism
are not regarded as political criminal offenses.
Part ۲ Economic, Social, and Cultural Rights
Article ۳۰
(۱) The right to ownership of property and the right of inheritance are
guaranteed.
(۲) Ownership of property createes rights and duties and should serve the
well-being of both the individual and the community.
(۳) No person may be deprived of his/her property or of the rights deriving
from it, except in cases concerning the public interest determined by law.
(۴) If property is expropriated or restricted, rightful compensation not lower
than its market value is guaranteed.
Article ۳۱
Foreign subjects in the Republic of Macedonia may acquire the right of
ownership of property under conditions determined by law.
Article ۳۲
(۱) Everyone has the right to work, to free choice of employment, protection at
work and material assistance during temporary unemployment.
(۲) Every job is open to all under equal conditions.
(۳) Every employee has a right to appropriate remuneration.
(۴) Every employee has the right to paid daily, weekly and annual leave.
Employees cannot waive this right.
(۵) The exercise of the rights of employees and their positions are regulated
by law and collective agreements.
Article ۳۳
Everyone is obliged to pay tax and other public contributions, as well as to
share in the discharrge of public expenditure in a manner determined by law.
Article ۳۴
Citizens have a right to social security and social insurance, determined by
law and collective agreement.
Article ۳۵
(۱) The Republic provides for the social protection and social security of
citizens in accordance with the principle of social justice.
(۲) The Republic guarantees the right of assistance to citizens who are infirm
or unfit for work.
(۳) The Republic provides particular protection for invalid persons, as well as
conditions for their involvement in the life of the society.
Article ۳۶
(۱) The Republic guarantees particular social security rights to veterans of
the Anti-Fascist War and of all Macedonian national liberation wars, to war
invalids to, to those expelled and imprisoned for the ideas of the separate
identity of the Macedonian people and of Macedonian statehood, as well as to
members of their families without means of material and social subsistence.
(۲) The particular rights are regulated by law.
Article ۳۷
(۱) In order to exercise their economic and social rights, citizens have the
right to establish trade unionns. Trade unionns can constitute confederations
and become members of international trade unionn organizations.
(۲) The law may restrict the conditions for the exercise of the right to trade
unionn organization in the armed forces, the police and administrative bodies.
Article ۳۸
(۱) The right to strike is guaranteed.
(۲) The law may restrict the conditions for the exercise of the right to strike
in the armed forces, the police and administrative bodies.
Article ۳۹
(۱) Every citizen is guaranteed the right to health care.
(۲) Citizens have the right and duty to protect and promote their own health
and the health of others.
Article ۴۰
(۱) The Republic provides particular care and protection for the family.
(۲) The legal relations in marriage, the family and cohabitation are regulated
by law.
(۳) Parents have the right and duty to provide for the nurturing and education
of their children. Children are responsible for the care of their old and
inform parents.
(۴) The Republic provides particular protection for children without parents
and children without parental care.
Article ۴۱
(۱) It is a human right freely to decide on the procreation of children.
(۲) The Republic conducts a humane population policy in order to provide
balanced economic and social development.
Article ۴۲
(۱) The Republic particularly protects mothers, children and minors. A person
under ۱۵ years of age cannot be employed.
(۲) Minors and mothers have the right to particular protection at work. Minors
may not be employed in work which is detrimental to their health or morality.
Article ۴۳
(۱) Everyone has the right to a healthy environment to live in.
(۲) Everyone is obliged to promote and protect the environment.
(۳) The Republic provides conditions for the exercise of the right of citizens
to a healthy environment.
Article ۴۴
(۱) Everyone has a right to education.
(۲) Education is accessible to everyone under equal conditions.
(۳) Primary education is compulsory and free.
Article ۴۵
Citizens have a right to establish private schools at all levels of education,
with the exception of primary education, under conditions determined by law.
Article ۴۶
(۱) The autonomy of universities is guaranteed.
(۲) The conditions of establishment, performance and termination of the
activities of a university are regulated by law.
Article ۴۷
(۱) The freedom of scholarly, artistic and other forms of creative work is
guaranteed.
(۲) Rights deriving from scholarly, artistic or other intellectual creative
work are guaranteed.
(۳) The Republic stimulates, assists and protects the development of
scholarship, the arts and culture.
(۴) The Republic stimulates and assists scientific and technological
development.
(۵) The Republic stimulates and assists technical education and sport.
Article ۴۸
(۱) Members of nationalities have a right freely to express, foster and develop
their identity and national attributes.
(۲) The Republic guarantees the protection of the ethnic, cultural, linguistic
and religious identity of the nationalities.
(۳) Members of the nationalities have the right to establish institutions for
culture and art, as well as scholarly and other associations for the
expression, fostering and development of their identity.
(۴) Members of the nationalities have the right to instruction in their
language in primary and secondary education, as determined by law. In schools
where education is carried out in the language of a nationality, the Macedonian
language is also studied.
Article ۴۹
(۱) The Republic cares for the status and rights of those persons belonging to
the Macedonian people in neighboring countries, as well as Macedonian
expatriates, assists their cultural development and promotes links with them.
In the exercise of this concern the Republic will not interfere in the
sovereign rights of other states or in their internal affairs.
(۲) The Republic cares for the cultural, economic and social rights of the
citizens of the Republic abroad.
Part ۳ Guarantees of Basic Freedoms and Rights
Article ۵۰
(۱) Every citizen may invoke the protection of freedoms and rights determined
by the Constitution before the regular courts, as well as before the
Constitutional Court of Macedonia, through a procedure based upon the
principles of priority and urgency.
(۲) Judicial protection of the legality of individual acts of state
administration, as well as of other institutions carrying out public mandates,
is guaranteed.
(۳) A citizen has the right to be informed on human rights and basic freedoms
as well as actively to contribute, individually of jointly with others, to
their promotion and protection.
Article ۵۱
(۱) In the Republic of Macedonia laws shall be in accordance with the
Constitution and all other regulations in accordance with the Constitution and
law.
(۲) Everyone is obliged to respect the Constitution and the laws.
Article ۵۲
(۱) Laws and other regulations are published before they come into force.
(۲) Laws and other regulations are published in ”The Official Gazette of the
Republic of Macedonia” at most seven days after the day of their adoption.
(۳) Laws come into force on the eighth day after the day of their republication
at the earliest, or on the day of publication in exceptional cases determined
by the Assembly.
(۴) Laws and other regulations may not have a retroactive effect, except in
cases when this is more favorable for the citizens.
Article ۵۳
The office of attorney is an autonomous and independent public service,
providing a legal assistance and carrying out public mandates in accordance
with the law.
Article ۵۴
(۱) The freedoms and rights of the individual and citizen can be restricted
only in cases determined by the Constitution.
(۲) The freedoms and rights of the individual and citizen can be restricted
during states of war or emergency, in accordance with the provisions of the
Constitution.
(۳) The restriction of freedoms and rights cannot discriminate on grounds of
sex, race, color of skin, language, religion, national or social origin,
property or social status.
(۴) The restriction of freedoms and rights cannot be applied to the right to
life, the interdiction of torture, inhuman and humiliating conduct and
punishment, the legal determination of punishable offenses and sentences, as
well as to the freedom of personal conviction, conscience, thought and
religious confession.
Part ۴ Foundations for Economic Relations
Article ۵۵
(۱) The freedom of the market and entrepreneurship is guaranteed.
(۲) The Republic ensures an equal legal position to all parties in the market.
The Republic takes measures against monopolistic positions and monopolistic
conduct on the market.
(۳) The freedom of the market and entrepreneurship can be restricted by law
only for reasons of the defence of the
Republic, protection of the natural and living environment or public health.
Article ۵۶
(۱) All the natural resources of the Republic of Macedonia, the flora and
fauna, amenities in common use, as well as the objectts and buildings of
particular cultural and historical value determined by law, are amenities of
common interest for the Republic and enjoy particular protection.
(۲) The Republic guarantees the protection, promotion and enhancement of the
historical and artistic heritage of the Macedonian people and of the
nationalities and the treasures of which it is composed, regardless of their
legal status. The law regulates the mode and conditions under which specific
items of general interest for the Republic can be ceded for use.
Article ۵۷
The Republic of Macedonia stimulates economic progress and provides for a more
balanced spatial and regional development, as well as for the more rapid
development of economically underdeveloped regions.
Article ۵۸
(۱) Ownership and labor form the basis for management and sharing in
decision-making.
(۲) Participation in management and decision-making in public institutions and
services is regulated by law, on the principles of expertise and competence.
Article ۵۹
(۱) Foreign investors are guaranteed the right to the free transfer of invested
capital and profits.
(۲) The rights obtained on the basis of the capital invested may not be reduced
by law or other regulations.
Article ۶۰
(۱) The National Bank of the Republic of Macedonia is a currency-issuing bank.
(۲) The National Bank is autonomous and responsible for the stability of the
currency, monetary policy and for the general liquidity of payments in the
Republic and abroad.
(۳) The organization and work of the National Bank are regulated by law.
Chapter III The Organization of State Authority
Part ۱ The Assembly of the Republic of Macedonia
Article ۶۱
(۱) The Assembly of the Republic of Macedonia is a representative body of the
citizens and the legislative power of the Republic is vested in it.
(۲) The organization and functioning of the Assembly are regulated by the
Constitution and by the Rules of Procedure.
Article ۶۲
(۱) The Assembly of the Republic of Macedonia is composed of ۱۲۰ to ۱۴۰
Representatives.
(۲) The Representatives are elected at general, direct and free elections and
by secret ballot.
(۳) The Representatives represents the citizens and makes decisions in the
Assembly in accordance with his/her personal convictions.
(۴) A Representative”s mandate cannot be revoked.
(۵) The mode and conditions of election of Representatives are regulated by a
law adopted by a two-thirds majority vote of the
total number of Representatives.
Article ۶۳
(۱) The Representatives for the Assembly are elected for a term of four years.
The mandate of Representatives is verified by the Assembly.
(۲) The length of the mandate is reckoned from the constitutive meeting of the
Assembly. Each newly-elected Assembly must hold a constitutive meeting ۲۰ days
at the latest after the election was held. The constitutive meeting is called
by the President of the Assembly of the previous term.
(۳) If a constitutive meeting is not called within the time laid down, the
Representatives assemble and constitute the Assembly themselves on the
twenty-first day after the completion of the elections. Elections for
Representatives to the Assembly are held within the last ۹۰ days of the term of
the current Assembly, or within ۶۰ days from the day the dissolution of the
Assembly.
(۴) The term of office of the Representatives to the Assembly can be extended
only during states of war or emergency.
(۵) Cases where a citizen cannot be elected a Representative, owing to the
incompatibility of this office with other public offices or professions already
held, are defined by law. The Assembly is dissolved when more than half of the
total number of Representatives vote for dissolution.
Article ۶۴
(۱) Representatives enjoy immunity.
(۲) A Representative cannot be held to have committed a criminal offence or be
detained owing to views he/she has expressed or to the way he/she has voted in
the Assembly.
(۳) A Representative cannot be detained without the approval of the Assembly
unless found committing a criminal offence for which a prison sentence of at
least five years if prescribed.
(۴) The Assembly can decide to invoke immunity for a Representative without his
/her request, should it be necessary for the performance of the
Representative”s office.
(۵) Representatives may not be called up for duties in the Armed Forces during
the course of their term of office.
(۶) A Representative is entitled to remuneration determined by law.
Article ۶۵
(۱) A Representative may resign his/her mandate.
(۲) The Representative submits his/her resignation in person at a session of
the Assembly.
(۳) The mandate of a Representative terminates if he/she is sentences for a
criminal offence for which a prison sentence of at least five years is
prescribed.
(۴) The Representative can have his/her mandate revoked for committing a
criminal offence making him/her unfit to perform the office of a
Representative, as well as for absence from the Assembly for longer than ۶
months for no justifiable reason. Revocation of the mandate is determined by
the Assembly by a two-thirds majority vote of all Representatives.
Article ۶۶
(۱) The Assembly is in permanent session.
(۲) The Assembly works at meetings.
(۳) The meetings of the Assembly are called by the President of the Assembly.
(۴) The Assembly adopts the Rules of Procedure by a two-thirds majority vote of
the total number of Representatives.
Article ۶۷
(۱) The Assembly elects a President and one or more Vice-Presidents from the
ranks of the Representatives by a majority vote of the total number of
Representatives.
(۲) The President of the Assembly represents the Assembly, ensures the
application of the Rules of Procedure and carries out other responsibilities
determined by the Constitution and the Rules of Procedure of the Assembly.
(۳) The office of the President of the Assembly is incompatible with the
performance of other public offices, professions or appointment in a political
party.
(۴) The President of the Assembly issues notice to the election of
Representatives and of the President of the Republic.
Article ۶۸
(۱) The Assembly of the Republic of Macedonia:
– adopts and changes the Constitution;
– adopts laws and gives the authentic interpretation of laws;
– determines public taxes and fees;
– adopts the budget and the balance of payments of the Republic;
– adopts the spatial plan of the Republic;
– ratifies international agreements;
– decides on war and peace;
– makes decisions concerning any changes in the borders of the Republic;
– makes decisions on association in the disassociation from any form of unionn
or community with other states;
– issues notice of a referendum;
– makes decisions concerning the reserves of the Republic;
– sets up councils;
– elects the Government of the Republic of Macedonia;
– carries out elections and discharrges judges;
– selectts, appoints and dismisses other holders of public and other offices
determined by the Constitution and law;
– carries out political monitoring and supervision of the Government and other
holders of public office responsible to the Assembly;
– proclaims amnesties; and
– performs other activities determined by the Constitution.
(۲) In carrying out the duties within its sphere of competence, the Assembly
adopts decisions, declarations, resolutions, recommendations and conclusions.
Article ۶۹
The Assembly may work if its meeting is attended by a majority of the total
number of Representatives. The Assembly makes decisions by a majority vote of
the Representatives attending, but no less than one-third of the total number
of Representatives, in so far as the Constitution does not provide for a
qualified majority.
Article ۷۰
(۱) The meetings of the Assembly are open to the public.
(۲) The Assembly may decide to work without the presence of the public by a
two-thirds majority vote of the total number of Representatives.
Article ۷۱
(۱) The right to propose adoption of a law is given to every Representative of
the Assembly, to the Government of the Republic and to a group of at least
۱۰,۰۰۰ voters.
(۲) The initiative for adopting a law may be given to the authorized instances
by any citizen, group of citizens, institutions or associations.
Article ۷۲
(۱) An interpellation may be made concerning the work of any public
office-holder, the Government and any of its members individually, as well as
on issues concerning the performance of state bodies.
(۲) Interpellations may be made by a minimum of five Representatives.
(۳) All Representatives have the right to ask a Representative”s question.
(۴) The mode and procedure for submitting and debating on an interpellation and
Representative”s question are regulated by the Rules of Procedure.
Article ۷۳
(۱) The Assembly decides on issuing notice of a referendum concerning specific
matters within its sphere of competence by a majority vote of the total number
of Representatives.
(۲) The decision of the majority of votes in a referendum is adopted on
condition that more than half of the total number of voters voted.
(۳) The Assembly is obliged to issue notice of a referendum if one is proposed
by at least ۱۵۰,۰۰۰ voters.
(۴) The decision made in a referendum is binding.
Article ۷۴
(۱) The Assembly makes decisions on any change in the borders of the Republic
of Macedonia by a two-thirds majority vote of the total number of
Representatives.
(۲) The decision on any change in the borders of the Republic is adopted by
referendum, in so far as it is accepted by the majority of the total number of
voters.
Article ۷۵
(۱) Laws are declared by promulgation.
(۲) The promulgation declaring a law is signed by the President of the Republic
and the President of the Assembly.
(۳) The President of the Republic may decide not to sign the promulgation
declaring a law. The Assembly considers the President of the Republic is then
obligated to sign the promulgation in so far as it is adopted by a majority
vote of the total number of Representatives.
(۴) The President is obligated to sign a promulgation if the law has been
adopted by a two-thirds majority vote of the total number of Representatives in
accordance with the Constitution.
Article ۷۶
(۱) The Assembly sets up permanent and temporary working bodies.
(۲) The Assembly may set up survey commissions for any domain or any matter of
public interest.
(۳) A proposal for setting up a survey of commission may be submitted by a
minimum of ۲۰ Representatives.
(۴) The Assembly sets up a permanent survey commission for the protection of
the freedoms and rights of citizens.
(۵) The findings of the survey commissions form the basis for the initiation of
proceedings to ascertain the answerability of public office-holders.
Article ۷۷
(۱) The Assembly elects the Public Attorney.
(۲) The Public Attorney protects the constitutional and legal rights of
citizens when violated by bodies of state administration and by other bodies
and organizations with public mandates.
(۳) The Public Attorney is elected for a term of eight years, with the right to
one reelection.
(۴) The conditions for election and dismissal, the sphere of competence and the
mode of work of the Public Attorney are
regulated by law.
Article ۷۸
(۱) The Assembly establishes a Council for Inter-Ethnic Relations.
(۲) The Council consists of the President of the Assembly and two members each
form the ranks of the Macedonians, Albanians, Turks, Vlachs and Romanies, as
well as two members from the ranks of other nationalities in Macedonia.
(۳) The President of the Assembly is President of the Council.
(۴) The Assembly elects the members of the Council.
(۵) The Council considers issues of inter-ethnic relations in the Republic and
makes appraisals and proposals for their solution.
(۶) The Assembly is obliged to take into consideration the appraisals and
proposals of the Council and to make decisions regarding them.
Part ۲ The President of the Republic of Macedonia
Article ۷۹
(۱) The President of the Republic of Macedonia represents the Republic.
(۲) The President of the Republic is Commander-in-Chief of the Armed Forces of
Macedonia.
(۳) The President of the Republic exercises his/her rights and duties on the
basis and within the framework of the Constitution and laws.
Article ۸۰
(۱) The President of the Republic of elected is general and directs elections,
by secret ballot, for a term of five years.
(۲) A person may be elected President of the Republic of Macedonia two times at
most.
(۳) The President of the Republic shall be a citizen of the Republic of
Macedonia.
(۴) A person may be elected President of the Republic if over the age of ۴۰ on
the day of election.
(۵) A person may not be elected President of the Republic if, on the day of the
election, he/she has not been a resident of the Republic of Macedonia for at
least ten years within the last fifteen years.
Article ۸۱
(۱) A candidate for President of the Republic can be nominated by a minimum of
۱۰,۰۰۰ voters or at least ۳۰ Representatives.
(۲) A candidate for President of the Republic is elected if voted by a majority
of the total number of voters.
(۳) If in the first round of voting no candidate wins the majority required,
voting in the second round is restricted to the two candidates who have won
most votes in the first round.
(۴) The second round takes place within ۱۴ days of the termination of voting in
the first round.
(۵) A candidate is elected President if he/she wins a majority of the votes of
those who voted, provided more than half of the registered voters voted.
(۶) If in the second round of voting no candidate wins the required majority of
votes, the whole electoral procedure is repeated.
(۷) If only one candidate is nominated for the post of President of the
Republic and he/she does not obtain the required majority of votes in the first
round, the whole electoral procedure is repeated.
(۸) The election of the President of the Republic takes place within the last
۶۰ days of the term of the previous President. Should the term of office of the
President of the Republic be terminated for any reason, the election of a new
President takes
place within ۴۰ days from the day of termination.
(۹) Before taking up office, the President of the Republic of Macedonia makes a
solemn declaration before the Assembly of his/her commitment to respect the
Constitution and laws.
Article ۸۲
(۱) In case of death, resignation, permanent inability to perform his/her
duties, or in case of termination of the mandate in accordance with the
provisions of the Constitution, the office of the President of the Republic is
carried out by the President of the Assembly until the election of the new
President.
(۲) Decisions on the applicability of the conditions for the occasion of the
office of the President of the Republic are the official duty of the
Constitutional Court.
(۳) Should the President of the Republic be temporarily unable to preform his/
her duties, the President of the Assembly deputizes for him/her. While the
President of the Assembly is performing the office of President of the
Republic, he/she takes part in the work of the Assembly without the right to
vote.
Article ۸۳
(۱) The duty of the President of the Republic is incompatible with the
performance of any other public office, profession or appointment in a
political party.
(۲) The President of the Republic is granted immunity.
(۳) The Constitutional Court decides by a two-thirds majority vote of the total
number and approving of detention for the President of the Republic.
Article ۸۴
The President of the Republic of Macedonia
– nominates a mandator to constitute the Government of the Republic of
Macedonia;
– appoints and dismisses by decree ambassadors and other diplomatic
representatives of the Republic of Macedonia abroad;
– accepts the credentials and letters of recall of foreign diplomatic
representatives;
– proposes two judges to sit on the Constitutional Court of the Republic of
Macedonia;
– proposes two members of the Republican Judicial Council;
– appoints three members to the Security Council of the Republic of Macedonia;
– proposes the members of the Council for Inter-Ethnic Relations;
– appoints and dismisses other holders of state and public office determined by
the Constitution and the law;
– grants decorations and honors in accordance with the law;
– grants pardons in accordance with the law; and
– performs other duties determined by the Constitution.
Article ۸۵
(۱) The President of the Republic addresses the Assembly on issues within his/
her sphere of competence at least once a year.
(۲) The Assembly may request the President of the Republic to state an opinion
on issues within his/her sphere of competence.
Article ۸۶
(۱) The President of the republic is President of the Security Council of the
Republic of Macedonia.
(۲) The Security Council of the Republic is composed of the President of the
Republic, the President of the Assembly, the Prime Minister, the Ministers
heading the bodies of state administration in the fields of security, defence
and foreign affairs and three members appointed by the President of the
Republic.
(۳) The Council considers issues relating to the security and defence of the
Republic and makes policy proposals to the Assembly and the Government.
Article ۸۷
(۱) The President is held accountable for any violations of the Constitution in
exercising his/her rights and duties.
(۲) The procedure for determining the President of the Republic”s
answerability is initiated by the Assembly with a two-thirds majority vote of
all Representatives.
(۳) It is the Constitutional Court that decides on the answerability of the
President by a two-thirds majority vote of all judges.
(۴) If the Constitutional Court considers the President answerable for a
violation, his/her mandate is terminated by the force of the Constitution.
Part ۳ The Government of the Republic of Macedonia
Article ۸۸
(۱) execcutive power is vested in the Government of the Republic of Macedonia.
(۲) The Government exercises its rights and competence on the basis and within
the framework of the Constitution and law.
Article ۸۹
(۱) The Government is composed of a Prime Minister and Ministers.
(۲) The Prime Minister and the Ministers cannot be Representatives in the
Assembly.
(۳) The Prime Minister, Deputy Prime Ministers and Ministers are guaranteed
immunity. The Government decides on their immunity.
(۴) The Prime Minister, Deputy Prime Ministers and Ministers cannot be called
up for duties in the Armed Forces.
(۵) The office of Prime Minister or Minister is incompatible with any other
public office or profession.
(۶) The organization and mode of working of the Government are regulated by
law.
Article ۹۰
(۱) The President of the Republic of Macedonia is obliged, within ۱۰ days of
the constitution of the Assembly, to entrust the mandate for constituting the
Government to a candidate from the party or parties which has/have a majority
in the Assembly.
(۲) Within ۲۰ days from the day of being entrusted with the mandate, the
mandator submits a program to the Assembly and proposes the composition of the
Government.
(۳) The Government is elected by the Assembly on the proposal of the mandator
and on the basis of the program by a majority vote of the total number of
Representatives.
Article ۹۱
The Government of the Republic of Macedonia
– determines the policy of carrying out the laws and other regulations of the
Assembly and is responsible for their execcution;
– proposes laws, the budget of the Republic and other regulations adopted by
the Assembly;
– proposes a spatial plan of the Republic;
– proposes decisions concerning the reserves of the Republic and sees to their
execcution;
– adopts by laws and other acts for the execcution of laws;
– lays down principles on the internal organization and work of the Ministries
and other administrative bodies, directing and
supervising their work;
– provides appraisals of drafts of laws and other acts submitted to the
Assembly by other authorized bodies;
– decides on the recognition of states and governments;
– establishes diplomatic and consular relations with other states;
– makes a decision on opening diplomatic and consular offices abroad;
– proposes the appointment of ambassadors and Representatives of the Republic
of Macedonia abroad and appoints chiefs of consular offices;
– proposes the Public Prosecutor;
– appoints and dismisses holders of public and other office determined by the
Constitution and laws; and
– performs other duties determined by the Constitution and law.
Article ۹۲
(۱) The Government and each of its members are accountable to the Assembly.
(۲) The Assembly may take a vote of no-confidence in the Government.
(۳) A vote of no-confidence in the Government may be initiate by a minimum of
۲۰ Representatives.
(۴) The vote of no-confidence in the Government is taken after three days have
elapsed since the last vote, unless proposed by a majority of all
Representatives.
(۵) A vote of no-confidence in the Government is adopted by a majority vote of
all the Representatives. If a vote of no-confidence in the Government is
passed, the Government is obliged to submit its resignation.
Article ۹۳
(۱) The Government itself has the right to raise the question of confidence
before the Assembly.
(۲) The Government has the right to submit its resignation.
(۳) The resignation of the Prime Minister, his/her death or permanent inability
to perform his/her duties entail the resignation of the Government.
(۴) The Government ceases its term of office when the Assembly is dissolved.
(۵) When a vote of no-confidence in the Government has been passed, it has
submitted its resignation, or its term of office has ceased owing to the
dissolution of the Assembly, the same Government remains on duty until the
election of a new Government.
Article ۹۴
(۱) A member of the Government has the right to submit his/her resignation.
(۲) The Prime Minister may propose the dismissal of a member of the Government.
(۳) The Assembly decides on the proposal for the dismissal of a member of the
Government at its first meeting following the proposal.
(۴) If the Prime Minister dismisses more than one-third of the initial
composition of the Government, the Assembly follows the same procedure as for
the election of a new Government.
Article ۹۵
(۱) The state administration consists of Ministers and other administrative
bodies and organizations determined by law.
(۲) Political organization and activities within bodies of state administration
are regulated by a law to be adopted by a two-thirds majority vote of all
Representatives.
Article ۹۶
The bodies of state administration perform the duties within their sphere of
competence autonomously and on the basis and within the framework of the
Constitution and laws, being accountable for their work to the Government.
Article ۹۷
The bodies of state administration in the fields of defence and the police are
to be headed by civilians who have been civilians for at least three years
before their election to these offices.
Part ۴ The Judiciary
Article ۹۸
(۱) Judiciary power is exercised by courts.
(۲) Courts are autonomous and independent. Courts judge on the basis of the
Constitution and laws and international agreements ratified in accordance with
the Constitution.
(۳) There is one form of organization for the judiciary.
(۴) Emergency courts are prohibited.
(۵) The types of courts, their spheres of competence, their establishment,
abrogation, organization and composition, as well as the procedure they follow
are regulated by a law adopted by a majority vote of two-thirds of the total
number of Representatives.
Article ۹۹
(۱) A judge is elected without restriction of his/her term of office.
(۲) A judge cannot be transferred against his/her will.
(۳) A judge is discharrged
– if he/she so requests;
– if he/she permanently loses the capability of carrying out a judge”s
office, which is determined by the Republican Judicial Council;
– if he/she fulfills the conditions for retirement;
– if he/she is sentenced for a criminal offence to a prison term of a minimum
of six months;
– owing to a serious disciplinary offence defined in law, making him/her
unsuitable to perform a judge”s office as decided by the Republican Judicial
Council; and
– owing to unprofessional and unethical performance of a judge”s office, as
decided by the Republican Judicial Council in a procedure regulated by law.
Article ۱۰۰
(۱) Judges are granted immunity.
(۲) The Assembly decides on the immunity of judges.
(۳) The performance of a judge”s office is incompatible with other public
office, profession or membership in a political party.
(۴) Political organization and activity in the judiciary is prohibited.
Article ۱۰۱
The Supreme Court of Macedonia is the highest court in the Republic, providing
uniformity in the implementation of the laws by the courts.
Article ۱۰۲
(۱) Court hearings and the passing of verdicts are public.
(۲) The public can be excluded in cases determined by law.
Article ۱۰۳
(۱) The court tries cases in council.
(۲) The law determined cases in which a judge can sit alone.
(۳) Jury judges take part in a trial in cases determined by law.
(۴) Jury judges cannot be held answerable for their opinions and decisions
concerning their verdict.
Article ۱۰۴
(۱) The Republican Judicial Council is composed of seven members.
(۲) The Assembly elects the members of the Council.
(۳) The members of the Council are elected from the ranks of outstanding
members of the legal profession for a term of six years with the right to one
reelection.
(۴) Members of the Republican Judicial Council are granted immunity. The
Assembly decides on their immunity.
(۵) The office of a member of the Republican Judicial Council is incompatible
with the performance of other public offices, professions or membership in
political parties.
Article ۱۰۵
The Republican Judicial Council
– proposes to the Assembly the election and discharrge of judges and
determines proposals for the discharrge of a judge”s office in cases laid
down in the Constitution;
– decides on the disciplinary answerability of judges;
– assesses the competence and ethics of judges in the performance of their
office; and
– proposes two judges to sit on the Constitutional Court of Macedonia.
Part ۵ The Public Prosecutor”s Office
Article ۱۰۶
(۱) The Public Prosecutor”s Office is a single and autonomous state body
carrying out legal measures against persons who have committed criminal and
other offenses determined by law; it also performs other duties determined by
law.
(۲) The Public Prosecutor”s Office carries out its duties on the basis of
and within the framework of the Constitution and law.
(۳) The Public Prosecutor is appointed by the Assembly for a term of six years
and is discharrged by the Assembly.
Article ۱۰۷
(۱) The Public Prosecutor is granted immunity.
(۲) The Assembly decides on his/her immunity.
(۳) The office of the Public Prosecutor is incompatible with the performance of
any other public office, profession or membership in a political party.
Chapter IV The Constitutional Court of Macedonia
Article ۱۰۸
The Constitutional Court of Macedonia is a body of the Republic protecting
constitutionality and legality.
Article ۱۰۹
(۱) The Constitutional Court of Macedonia is composed of nine judges.
(۲) The Assembly elects the judges to the Constitutional Court by a majority
vote of the total number of Representatives. The term of office of the judges
is nine years without the right to reelection.
(۳) The Constitutional Court elects a President from its own ranks for a term
of three years without the right to reelection.
(۴) Judges of the Constitutional Court are elected from the ranks of
outstanding members of the legal profession.
Article ۱۱۰
The Constitutional Court of Macedonia.
– decides on the conformity of laws with the Constitution;
– decides on the conformity of collective agreements and other regulations with
the Constitution and laws;
– protects the freedoms and rights of the individual and citizen relating to
the freedom of communication, conscience, thought and activity as well as to
the prohibition of discrimination among citizens on the grounds of sex, race,
religion or national, social or political affiliation;
– decides on conflicts of competency among holders of legislative, execcutive
and judicial offices;
– decides on conflicts of competency among Republic bodies and units of local
self-government;
– decides on the answerability of the programs and status of political parties
and associations of citizens; and
– decides on other issues determined by the Constitution.
Article ۱۱۱
(۱) The office of judge of the Constitutional Court is incompatible with the
performance of other public office, profession or membership in a political
party.
(۲) Judges of the Constitutional Court are granted immunity. The Constitutional
Court decides on their immunity.
(۳) Judges of the Constitutional Court cannot be called up for duties in the
Armed Forces.
(۴) The office of a judge of the Constitutional Court ceases when the incumbent
resigns. A judge of the Constitutional Court shall be discharrged from office
if sentenced for a criminal offence to unconditional imprisonment of a minimum
of six months, or if he/she permanently loses the capability of performing his/
her office, as determined by the Constitutional Court.
Article ۱۱۲
(۱) The Constitutional Court shall repeal or invalidate a law if it determines
that the law does not conform to the Constitution.
(۲) The Constitutional Court shall repeal or invalidate a collective agreement,
other regulation or enactment, statue or program of a political party or
association, if it determines that the same does not conform to the
Constitution or law.
(۳) The decisions of the Constitutional Court are final and execcutive.
Article ۱۱۳
The mode of work and the procedure of the Constitutional Court are regulated by
the enactment of the Court.
Chapter V Local Self-Government
Article ۱۱۴
(۱) The right of citizens to local self-government is guaranteed.
(۲) Municipalities are units of local self-government.
(۳) Within municipalities forms of neighborhood self-government may be
established.
(۴) Municipalities are financed from their own sources of income determined by
law as well as by funds from the Republic.
(۵) Local self-government is regulated by a law adopted by a two-thirds
majority of the total number of Representatives.
Article ۱۱۵
(۱) In units of local self-government, citizens directly and through
representatives participate in decision-making on issues of local relevance
particularly in the fields of urban planning, communal activities, culture,
sport, social security and child care, preschool education, primary education,
basic health care and other fields determined by law.
(۲) The municipality is autonomous in the execcution of its constitutionally
and legally determined spheres of competence; supervision of the legality of
its work is carried out by the Republic.
(۳) The carrying out of specified matters can by law be entrusted to the
municipality by the Republic.
Article ۱۱۶
The territorial division of the Republic and the area administered by each
municipality are defined by law.
Article ۱۱۷
(۱) The City of Skopje is a particular unit of local self-government the
organization of which is regulated by law.
(۲) In the City of Skopje, citizens directly and through representatives
participate in decision-making on issues of relevance for the City of Skopje
particularly in the field of urban planning, communal activities, culture,
sport, social security and child care, preschool education, primary education,
basic health care and other fields determined by law.
(۳) The City of Skopje is financed from its own sources of income determined by
law, as well as by funds from the Republic.
(۴) The City is autonomous in the execcution of its constitutionally and
legally determined spheres of competence; supervision of the legality of its
work is carried out by the Republic.
(۵) By law, the Republic can entrust the carrying out of specified matters to
the City.
Chapter VI International Relations
Article ۱۱۸
The international agreements ratified in accordance with the Constitution are
part of the internal legal order and cannot be changed by law.
Article ۱۱۹
(۱) International agreement are concludes in the name of the Republic of
Macedonia by the President of the Republic of Macedonia.
(۲) International agreements may also be concludes by the Government of the
Republic of Macedonia, when it is so determined by law.
Article ۱۲۰
(۱) A proposal for association in a unionn or community with other states or
for dissociation from a unionn or community with other states may be submitted
by the President of the Republic, the Government or by at least ۴۰
Representatives.
(۲) The proposal for association in or dissociation from a unionn or community
with other states is accepted by the Assembly by a two-thirds majority vote of
the total number of Representatives.
(۳) The decision of association in or dissociation from a unionn or community
with other states is adopted if it us upheld in a referendum by the majority of
the total number of voters in the Republic.
Article ۱۲۱
A decision of association or dissociation concerning membership in
international organizations is adopted by the Assembly by a majority vote of
the total number of Representatives of the Republic, the Government or at least
۴۰ Representatives of the Assembly.
Chapter VII The Defence of the Republic and States of War and Emergency
Article ۱۲۲
(۱) The Armed Forces of the Republic of Macedonia protect the territorial
integrity and independence of the Republic.
(۲) The defence of the Republic is regulated by a law adopted by a two-thirds
majority vote to the total number of Representatives.
Article ۱۲۳
No person is authorized to recognize occupation of the Republic of Macedonia or
of part thereof.
Article ۱۲۴
(۱) A state of war exists when direct danger of military attack on the Republic
is impending, or when the Republic is attacked, or war is declared on it.
(۲) A state of war is declared by the Assembly by a two-thirds majority vote of
the total number of Representatives of the Assembly, on the proposal of the
President of the Republic, the Government or at least ۳۰ Representatives.
(۳) If the Assembly cannot meet, the decision on the declaration of a state of
war is made by the President of the Republic who submits it to the Assembly for
confirmation as soon as it can meet.
Article ۱۲۵
(۱) A state of emergency exists when major natural disasters or epidemics take
place.
(۲) A state of emergency on the territory of the Republic of Macedonia or on
part thereof is determined by the Assembly on a proposal by the President of
the Republic, the Government or by at least ۳۰ Representatives.
(۳) The decision to establish the existence of a state of emergency is made by
a two-thirds majority vote of the total number of Representatives and can
remain in force for a maximum of ۳۰ days.
(۴) If the Assembly cannot meet, the decision to establish the existence of a
state of emergency is made by the President of the Republic, who submits it to
the Assembly for confirmation as soon as it can meet.
Article ۱۲۶
(۱) During a state of war or emergency, the Government, in accordance with the
Constitution and law, issues decrees with the force of law.
(۲) The authorization of the Government to issue decrees with the force of law
lasts until the termination of the state of war or emergency, on which the
Assembly decides.
Article ۱۲۷
During a state of war, if the Assembly cannot meet, the President of the
Republic may appoint and discharrge the Government, as well as appoint or
dismiss officials whose election is within the sphere of competence of the
Assembly.
Article ۱۲۸
The mandate of the judges of the Constitutional Court of Macedonia, as well as
members of the Republican Judicial Council is extended for the duration of the
state of war or emergency.
Chapter VIII Changes in the Constitution
Article ۱۲۹
The Constitution of the Republic of Macedonia can be changed
or supplemented by constitutional amendments.
Article ۱۳۰
A proposal to initiate a change in the Constitution of the Republic of
Macedonia may be made by the President of the Republic, by the Government, by
at least ۳۰ Representatives, or by ۱۵۰,۰۰۰ citizens.
Article ۱۳۱
(۱) The decisions to initiate a change in the Constitution is made by the
Assembly by a two-thirds majority vote of the total number of Representatives.
(۲) The draft amendment of the Constitution is confirmed by the Assembly by a
majority vote of the total number of Representatives and then submitted to
public debate.
(۳) The decision to change the Constitution is made by the Assembly by a
two-thirds majority vote of the total number of Representatives.
(۴) The change in the Constitution is declared by the Assembly.
Chapter IX Transitional and Final Clauses
Article ۱۳۲
Time of residence in other republics in the Socialist Federal Republic of
Yugoslavia is also included in the time span specified in Article ۸۰ (۵).
Article ۱۳۳
(۱) A Constitution Act shall be adopted for the implementation of the
Constitution.
(۲) The Constitution Act is adopted by a two-thirds majority vote of the total
number of Representatives.
(۳) The Constitution Act is declared by the Assembly and comes into force
simultaneously with the declaration of the Constitution.
Article ۱۳۴
This Constitution comes into force on the day it is declared in the Assembly of
the Republic of Macedonia.